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United States for Benefit Mid State Construction Co., Inc. v. Travelers Casualty and Surety Co.

United States District Court, Fifth Circuit

November 26, 2013

UNITED STATES FOR THE USE AND BENEFIT OF MID STATE CONSTRUCTION COMPANY, INC.; and MID STATE CONSTRUCTION COMPANY, INC., Plaintiffs,
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; U.S. COATING SPECIALTIES & SUPPLIES, LLC; and EARL WASHINGTON, Defendants.

ORDER

DAVID BRAMLETTE, District Judge.

On Friday, November 22, 2013, the Court's chambers received a telephone call from Earl Washington, a defendant in this case. Mr. Washington stated that he has a doctor's appointment which he had forgotten about until the doctor's office called to remind him. The appointment is on Monday, December 2, 2013, the first day of trial in this matter. Mr. Washington also stated that the appointment is in Jackson at 8:30 a.m., which should allow him to be in Natchez by noon.

The Court notes that Mr. Washington is proceeding pro se in this case. He has not provided any information in the pretrial order, and his participation in the bench trial will be limited as a result of previous rulings by the Court. Both Mid State and Travelers have listed Mr. Washington as a "may call" witness. Unless the Court hears to the contrary, it is assumed that Mr. Washington's absence on the first morning of trial will not prejudice any of the other parties. Accordingly,

IT IS HEREBY ORDERED that Earl Washington is excused from appearing in court during the hours 9:00 a.m. to 1:00 p.m. on December 2, 2013.

SO ORDERED.


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